Centre Makes Self-Declaration Certificate Mandatory For All TV, Print And Digital Media Advertisements From June 18 Pursuant To Apex Court's Direction In Patanjali Case
The Ministry of Information and Broadcasting has issued a press release stating that in view of the directions issued by the Apex Court in Writ Petition Civil No. 645/2022-Indian Medical Association & Anr. Vs. Union of India & Ors, requiring all advertisers and advertising agencies to furnish a 'Self-Declaration Certificate' before publishing or broadcasting any advertisement, the Ministry has introduced a new feature on the Broadcast Seva Portal for TV and Radio Advertisements and on the Press Council of India's portal for Print and Digital/Internet Advertisements. This portal will be activated today i.e. on June 4, 2024.
The Self-Declaration certificate, to be signed by an authorized representative of the advertiser or advertising agency, must be submitted through these portals. The requirement applies to all new advertisements issued, telecast, aired, or published on or after June 18, 2024.
"The Self- Declaration Certificate is required to be obtained by all advertisers and advertising agencies for all new advertisements that will be issued/telecast/aired/published on or after 18th June, 2024. A buffer period of two weeks has been kept for providing sufficient time to all stakeholders to familiarize themselves with the process of self- certification. Ongoing advertisements do not require the self-certification currently," the press release states.
To facilitate a smooth transition, a buffer period of two weeks has been provided to allow stakeholders to familiarize themselves with the certification process. Presently, ongoing advertisements do not require self-certification.
The certificate attests that the advertisement does not contain misleading claims and complies with all relevant regulatory guidelines, including those specified in Rule 7 of the Cable Television Networks Rules, 1994, and the Norms of Journalistic Conduct of the Press Council of India. Advertisers must also furnish proof of uploading the Self-Declaration Certificate to the relevant broadcaster, printer, publisher, or electronic media platform for their records.
"The self-declaration certificate is to certify that the advertisement (i) does not contain misleading claims, and (ii) complies with all relevant regulatory guidelines, including those stipulated in Rule 7 of the Cable Television Networks Rules, 1994 and the Norms of Journalistic Conduct of Press Council of India. Advertiser must provide proof of uploading the Self-Declaration Certificate to the relevant broadcaster, printer, publisher, or electronic media platform for their records. As per the Hon’ble Supreme Court’s directive, no advertisement will be permitted to run on television, print media, or the internet without a valid Self-Declaration Certificate," it reads.
The press release further states, "The Hon’ble Supreme Court directive is a step towards ensuring transparency, consumer protection, and responsible advertising practices. The Ministry of Information & Broadcasting urges all advertisers, broadcasters and publishers to adhere to this directive diligently."